12- 180 C.M.R. ch. 11, § 7

Current through 2025-03, January 15, 2025
Section 180-11-7 - Contents of Petition

The petition must be filed with the Board in accordance with the filing requirements of Chapter 10, section 7. Petition forms are available from the Board. The petition must contain:

1.Petitioner's Name. The name, address and telephone number of the petitioner and any representative for correspondence other than the petitioner.
2.Employer's Name. The name and address of the employer of the affected employees and the name, address and phone number of a representative of the employer authorized to receive notices or requests for information, if known by the petitioner.
3.Bargaining Unit Description. A description of the existing collective bargaining unit or the unit claimed to be appropriate and the estimated total number of employees in that unit. The description must include the job classifications of employees included in or excluded from the existing or proposed unit and an estimate of the number of employees in each included classification. If less than all positions in any specific job classification are proposed to be included or excluded from the unit, the description must include a listing of the positions to be included and excluded.
4.Collective Bargaining Agreement. A copy of the current or most recent collective bargaining agreement covering the bargaining unit, if any.
5.Name of Employee Organizations. The names, addresses and telephone numbers of any employee or employee organization other than the petitioner claiming to represent any of the employees in the proposed unit and a copy of each written agreement covering any employee in that unit.
6.Name of Proposed Bargaining Agent. The name of the prospective bargaining agent as it will appear on the ballot, if election is requested.
7.Other facts. Any other facts relevant to the petition.
8.Remedy Sought. A statement of the action or remedy sought from the Board.
9.Employer Petition. A petition for unit determination or bargaining agent election submitted by the employer must include a statement that one or more employees or employee organizations have presented to it a claim to be recognized as the representatives in a bargaining unit.
10.Agreement Attempted. A petition for unit determination submitted by either the employer­, an employee or an employee organization must state that the parties are unable to agree on an appropriate bargaining unit.
11.Showing of Interest. A petition for unit determination, bargaining agent election, or decertification submitted by an employee or employee organization must be accompanied by showing of interest forms from 30 percent of the employees in the proposed or existing bargaining unit. If both a unit determination and a bargaining agent election are sought, the same showing of interest forms may be used for both purposes.
11-A.Employee Authorization. A petition for bargaining agent certification by majority sign-up submitted by an employee, group of employees or any individual or employee organization acting on their behalf must be accompanied by employee authorization forms from a majority of the employees in the proposed or existing bargaining unit. If both a unit determination and a majority sign-up certification are sought, the employee authorization forms may be used in place of the showing of interest forms.
12.Unit Clarification Petition. A unit clarification petition must include a listing of the job classifications to be added or removed from the unit and an allegation that since the formation of the unit the circumstances have changed enough to warrant modification of the unit. The petition must also include a brief description of the nature of the changed circumstances and a statement that the parties are unable to agree on modifications. Showing of interest forms are not necessary for unit clarification petitions.
13.Petition to Contest Designation as Excluded Employee. A petition to contest designation as an excluded employee must include items specified in subsections 1, 2, 4 and 5 above and must include a statement of the specific facts upon which the dispute regarding the exclusion is based. No showing of interest is required.

12- 180 C.M.R. ch. 11, § 7